registering son as british citizen born in uk now in canada

[bp180]

please if some body can give me guidance how to register my son as British citizen while we are residing in canada.
We re granted ILR in May 2010. my son born in england in feb 2010 when we had indian passport. we applied for ILR and we all had ILR since then. In sep 2010 we moved to canada as PR. I need advise whether i can register my son as british as he was born there. if yes , how i should apply from canada?
i look in to home office website there is no info where to apply overseas like country in canada.
any help would be much appreciated.
thank you in advance.

[Amber]

You are no longer settled as you've been out of the UK more than 2 years, so I'm afraid it's likely no. If you were settled still, then you could apply on form MN1 by virtue of section 1(3) BNA, such an application can be made anywhere in the world. You could still give it ago I suppose sending certified copies of the documents, but be prepared to lose the fee.

[bp180]

Thank you amber
i understand we are not setlled in the uk any more. even my son wud not be eligible as he was born in uk??
if i give a go provided losing fees where should i apply because consulate in canada is not taking this applciation when i called them.
should i send directly to liverpool?
any suggestions
thank you!!!

[Amber]

Yes, it would go to Liverpool, you should use a UK correspondence address if you can. Your son would only be British automatically if he was born after you were granted ILR, he was 3 months early

[Jambo]

This is one of those questions I never knew the answer to.

The wording of the British Nationality Act section 1(3) is

"while he is a minor ... His father or mother ... Becomes settled"

Does it mean that once the parent becomes settled, the child has an entitlement to register even if the parent later loses his settlement status?

[vinny]

We will know the answer, if the OP makes the application.

Do let us know!

[bp180]

hello everybody
thank you for your all responses!!
its so confusing too. there is no inforamtion available.
when i called ottawa british high commission in canada they said you have to use counseller service based in washington, usa.
i tried to call, no body is answering there.
i emailed ukba liverpool, inquiries they emailed me after 3 months of my intial mail asking me to take advise from register immigration agent.
i have correspondance address in england but what should i do about referee. i went thru mn1 guide provided which shows any body can be professional referee like dentist can signed. so referee s are going to be all canadians.
what should i mentioned in form about my current address?
i will give a try. think i will send application straight to liverpool from here.
lets see what happens
any suggestion and input about this would be much appreciated
regards

[Jambo]

Application should go to Liverpool direct. See http://www.ukba.homeoffice.gov.uk/briti ... ndtheform/ and also the news release on the top of that page.

You can send certified copies of the documents. The documents needed are very minimal. Just UK birth certificate and proof of your ILR (this can be just a normal photocopy as the HO have all the details in their system).

The application form is also very simple to fill in just section 1, 5, 6, 7. There is no problem using a Canadian reference in section 5.

[ouflak1]

In theory atleast, I see no reason why this application shouldn't succeed. There is no stipulation for the parent's status once the minimal qualifications are met. In fact, I rather think it will be straightforward. Good luck and will be interesting in seeing how this goes through.

[bp180]

great input
this is giving me confidence for application.
what a great links and advise i am getting in this forum.
thank you once again

[JAJ]

The British Nationality Act 1981 says "becomes settled" and it's not clear that such entitlement is contingent on parent remaining "settled". Note that being "settled" is more than simply having ILR or equivalent, and include a requirement to be ordinarily resident in the United Kingdom.

Competent legal advice would be worthwhile to ensure application is presented as well as possible. And if application is refused, then legal advice should certainly be sought.

Why was the child not registered as British immediately after he was born?

[bp180]

hi JAJ
thanks for your advise.
it was very uncertain decision to settled in canada. as we got ILR in may and came to canada in september 2010. initally thought was to apply for citizenship togather as family dint realise that we would settled in canada. we are not worried about mine and my wife status. as a child i think my son should be entitled for the citizenship even he is also now settled in canada but again as you stated i would like to get more advise in this matter
really appreciated your input